Renjith vs State Of Kerala

The applicant is the 1st accused in Crime No.9 of 2020 of Kollengode Excise Range, Palakkad, for having allegedly committed offences punishable

under Sections 20(b)(ii)C of the NDPS Act. The prosecution case, in brief, is this:

On 31.05.2020, accused 1 and 2 were found to be in possession of 20.500 Kgs of ganja, when a lorry bearing Reg No.TN-41/AM-0418, which the

1st accused was driving with the 2nd accused as the cleaner, was intercepted in front of the Excise Check Post at Govindapuram. The applicant was

arrested on 31.05.2020 and 180 days have elapsed on 28.11.2020.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned counsel appearing for the applicant had

argued on merits. But, the thrust of the argument now is that is entitled to statutory bail under Section 167(2) of the Cr.P.C has modified by Section

36A(4) of the NDPS Act. The learned Public Prosecutor admits that the final report has not yet been filed. And, it is also admitted that no application

for extension of the time for completing the investigation as required under Section 36A(4) of the NDPS Act has been filed. Under the circumstances,

the applicant is entitled to statutory bail.

In the result, statutory bail is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,00/-(Rupees One

lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer on all Mondays between 9.00 AM and 12.00 PM for a period of two months and thereafter appear

before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.